ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000333
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000510-001 | 29/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000510-002 | 29/10/2015 |
Date of Adjudication Hearing: 23/02/2016
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Since the cessation of employment on the 7th July 2015 I have not received payment for either my one weeks notice or my two weeks holiday pay. |
As the payslips were not set up for employees until the end of December 2014 the manager was guessing our tax deductions which has resulted in a underpayment of my wages when the wages received are compared to the figure displayed on my P60. I kept a personal record of all the hours I worked and the payments I received for these hours. Employment commenced on 8th June 2014 and ceased without notice on 7th July 2015. During that time holidays taken amounted to 10 days. |
Respondent’s Submission and Presentation:
There was no appearance or submission from the respondent.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Issues for Decision:
The complainant has two specific complaints. The first complaint is that she did not receive notice payment nor did she receive outstanding holiday pay. The second complaint relates to an issue in 2014 when there was no proper wage recording system in place. The complainant states that there was a larger amount deducted from her wages for tax than appeared on her P60 form for 2014.
Legislation involved and requirements of legislation:
The legislation involved is The Payment of Wages Act, 1991. In the Act wages are defined and this definition includes;
“any fee bonus or commission, or any holiday, sick or maternity pay, or any other emolument whether payable under his contract of employment or otherwise, and
any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum payable in lieu of the giving of such notice.”
In addition Section 5(6)(a) states;
“Where the total amount of any wages that are paid on any occasion by an employer to the employee is less than the total amount of wages that is properly payable to him on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act)…then,, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.”
The payment properly payable at the cessation of employment should have included payment in lieu of notice as well as payment for outstanding holidays.
In relation to the complaint regarding the deduction of PAYE amounts greater than those subsequently appearing on the P60 form I requested the complainant to furnish further documentation in this regard but did not receive same. In regard to the complaint it would appear that this relates to events that occurred in 2014. The complaint form was received by the WRC on 29th October 2015. Section 41(6) 0f the Workplace Relation Act 2015 states;
“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of six months beginning on the date of the contravention to which the complaint relates.”
On the basis of the evidence I am precluded from further examination of this complaint.
Decision:
Complaint CA-00000510-001: I find this complaint to be well founded and I require the respondent to pay to the complainant the following amounts;
Payment in lieu of notice - €400.00
Outstanding holiday pay - €800.00
Complaint CA-00000510-002: I dismiss this complaint for the reasons stated above.
Dated: 1st June 2016